Business Debt, Collections Statute of Limitations Idaho Statute 28

L

laurieed2002

New Member
Jurisdiction
Idaho
Hi,
I need help with interpretation of an Idaho Statute. It deals with commercial transactions - letters of credit and deals with the statute of limitations. I am going to copy and paste the statute to the bottom of this question (I tried uploading a word document .doc of the statute but the forum does not allow that extension). How I am interpreting the statute is that if I am a creditor, and I have a letter of credit with an individual, I have a year from when they stopped payment to seek legal remedy. So in other words if the debtor had a credit card for three years and paid on it as agreed and then on March 1, 2017 they missed payment, I have a year from the cause of action (the late payment) to sue for legal remedy; is this what everyone else sees?


TITLE 28
COMMERCIAL TRANSACTIONS
CHAPTER 5
UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT
28-5-115. Statute of limitations. An action to enforce a right or obligation arising under this chapter must be commenced within one (1) year after the expiration date of the relevant letter of credit or one (1) year after the cause of action accrues, whichever occurs later. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.
History:
[28-5-115, added 1996, ch. 7, sec. 2, p. 17.]
 
What does his credit card debt have to do with your letter of credit? You muddied the waters by throwing both of those concepts into the same paragraph.

Now go back to the beginning and explain (a step at a time) how you got involved with this person, how the letter of credit arose, when did it arise (exact date), what were the terms, did any money change hands, how much money, how and when was the letter of credit breached (exact date), and what his credit card debt has to do with anything.
 
Ok adjusterjack, I will try and unmuddy the waters so you might be able to answer (I hope that you can, and I appreciate you taking the time to try and answer):

laurieed2002 - debtor
Huge Bank - creditor
Debt Buyer - debt buyer of Huge Banks contract
original contract date - unknown, this isn't my debt but I'm being sued for it anyway
breach of contract date - March 14, 2014 (this comes directly from the summons/complaint) which is why I know this date.

I don't know when the contract was signed (but we will assume at least a year before the last payment was made, i.e. March 14,2013; because this isn't my debt I don't know the exact date of when contract was signed), but the debt buyer is claiming the last payment was made on March 14,2014.

I hope that clarifies things a little more.

Thanks Adjusterjack
 
Sorry, still muddy. But let my try to clear it up for you by taking a guess.

Somebody you know took out a loan, or opened a credit card account, with Huge Bank and you co-signed for the loan or the account, thus giving a guarantee that you would pay the loan if the somebody defaulted.

The somebody defaulted in or about March 2013 though, more than likely the actual default date was when the next payment was due and not paid, say April 2013.

At some point the debt was sold to Debt Buyer who is now suing you.

If my guess is correct then this has nothing to do with letters of credit and the UCC doesn't apply.

What does apply is the Idaho statute of limitations for lawsuits based on written contracts which is 5 years per:

2016 Idaho Statutes :: Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD :: Chapter 2 - LIMITATION OF ACTIONS :: Section 5-216 - ACTION ON WRITTEN CONTRACT.

Did I guess right?
 
Hi again Adjusterjack,

Somebody I don't know, took out a credit card loan, with Huge Bank, unknown person defaulted on the credit card on March 14th, 2014. Debt Buyer bought delinquent debt and is now seeking the amount of the defaulted debt. According to
TITLE 28
COMMERCIAL TRANSACTIONS
CHAPTER 5
UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT
28-5-115

If you read the statute it basically states that, for example, if I extend credit to you, adjusterjack, and you default on the loan; I have one year from the cause of action (cause of action being you not paying me) to seek legal remedy; if I wait until after that year, they way I am reading the statute, I cannot sue you because I waited to long and the state of Idaho is saying, "if it was so important to you, why did you wait so long to file suit???"

Let me know your thoughts adjusterjack, and once again, thanks for your input...


laurieed2002
 
laurieed2002 said:
Hi again Adjusterjack,

Somebody I don't know, took out a credit card loan, with Huge Bank, unknown person defaulted on the credit card on March 14th, 2014. Debt Buyer bought delinquent debt and is now seeking the amount of the defaulted debt. According to
TITLE 28
COMMERCIAL TRANSACTIONS
CHAPTER 5
UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT
28-5-115

If you read the statute it basically states that, for example, if I extend credit to you, adjusterjack, and you default on the loan; I have one year from the cause of action (cause of action being you not paying me) to seek legal remedy; if I wait until after that year, they way I am reading the statute, I cannot sue you because I waited to long and the state of Idaho is saying, "if it was so important to you, why did you wait so long to file suit???"

Let me know your thoughts adjusterjack, and once again, thanks for your input...


laurieed2002
Click to expand...


How did you become ENTANGLED with or ENSNARED by these unknown people?

If it isn't your debt, your defense is there is no valid cause of action against YOU.

You are NOTHING to these scammers, unless you unwittingly, unknowingly allow yourself to become their prey.

I suggest you discuss the matter with a couple of attorneys in your county.

You appear to possess a valid defense which you've managed to overlook.
 
Army Judge,

I don't know how I became entangled in this. I will say this, 4 or 5 years ago, my wife noticed weird things going on with the computer, it started working on it's own when she was on (I won't go into detail about what 'working on it's own' means) so she called the local sherriffs department. They sent an officer who deals with internet crimes to take her statement and he suggested she put alerts on our credit reports, notify IRS, etc. etc. Fast forward to several months ago, I receive a letter from a debt collector stating they were attempting to collect on a debt. I, of course, sent a debt validation letter because I knew nothing of this debt. They never sent anything in return to validate the debt (I sent my validation letter certified return receipt with signature). Several months later I get served with a summons to appear for this debt. I answered within the 20 days (here in Idaho you have 20 days from service of summons) and answered DENY on all accusations.

The debt buyer has requested a telephonic conference which the judge granted on the stipulation that we converse by telephone before the date of the conference. I emailed the plaintiff's counsel and said that I could not converse with them before the conference date. He emailed me back and asked if we could still have the telephone conference or if I object and want him to come here to my state (the attorney is out of state with a license to practice in Idaho) instead of having a telephone conference.

Now, firstly, should I allow them to have a telephone conference (it sounded from the verbage of his email to me that they would like to settle, my problem is, why would I settle if it's not mine?) or make him come here for court?

Second, if we go to court, do I use the defense of
TITLE 28 COMMERCIAL TRANSACTIONS CHAPTER 5
UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT
28-5-115 - STATUTE OF LIMITATIONS?

I would love to hear your thoughts Army Judge...

and thanks for your response...
 
laurieed2002 said:
Now, firstly, should I allow them to have a telephone conference (it sounded from the verbage of his email to me that they would like to settle, my problem is, why would I settle if it's not mine?) or make him come here for court?

Second, if we go to court, do I use the defense of
TITLE 28 COMMERCIAL TRANSACTIONS CHAPTER 5
UNIFORM COMMERCIAL CODE — LETTERS OF CREDIT
28-5-115 - STATUTE OF LIMITATIONS?
Click to expand...

Interesting.....

I wouldn't agree to any telephone conversation unless it was pursuant to a court order.
However, such discussions might be mandated by your Idaho Code of Civil Procedure.

I would certainly require this alleged out of state counsel to appear in Idaho.
I would also verify he is licensed to practice in Idaho.
If he isn't, he would need to request "pro hac vice" status from the judge to pursue this case.
I would also check his/her alleged license to practice law in his home state, too.
I would want to know if he has had any run ins with the Bar Association in all states, especially Idaho.

A few more questions and I might have a few answers:

I presume you're disputing the debt because you didn't incur said debt, nor did you apply for it.
Furthermore, you never had a credit card issued by the alleged creditor, nor did you make so much as one payment on this alleged account.

What is the amount the SCAMMER'S/SCAVENGER'S mouthpiece alleges you owe?

I presume the matter is before the district court, therefore the scammer is alleging you owe in excess of $10K, right?

Please read this debt collection guide published by an ID licensed attorney. I found it to be very enlightening:
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http://www.nationallist.com/image/cache/White_Paper_Idaho_Debt_Collection.pdf
...
...

How did a credit card morph into a "letter of credit"?
How is the credit card connected to a "letter of credit"?
Do you have a copy of this "letter of credit"?

Have you verified the debt collection SCAVENGER'S lawful ability to conduct such business in Idaho?
What is the name of the agency?
Idaho law requires all debt collection scavengers to be licensed by your Idaho Department of Finance, Department of Finance

http://www.nationallist.com/image/cache/White_Paper_Idaho_Debt_Collection.pdf

In Idaho open credit accounts, such as credit cards, personal debt, etc.. have a statute of limitations of 4 years.

The time period begins as of the date of the last item, typically a payment or a charge under a credit card agreement. A written acknowledgement or new promise signed by the debtor is sufficient evidence to cause the relevant statute of limitations to begin running anew. Any payment of principal or interest is equivalent to a new promise in writing to pay the residue of the debt.
Oral Contracts or verbal agreements, not put into writing have a 4 year period of limitation; Written Contract, 5 years; Domestic Judgment (local) 5 years (renewable for an additional 5 years) and Foreign Judgment (out-of-state) 6 years (renewable).

Okay, do your best, and let's see what we can discover.
 
Laurie, you aren't giving us any useful information on which to base any helpful comments.

I still don't think that the UCC SOL has anything to do with this.

laurieed2002 said:
I don't know how I became entangled in this.
Click to expand...

You received a summons and complaint. You answered the complaint by denying all the allegations which presupposes that you actually read the allegations and can reproduce them all here, one by one, word for word, which will tell us how the plaintiff thinks you got involved in all this. Also tell us how much you are being sued for. Also give us the date that the lawsuit was filed with the court.

That's the starting point in determining possible defenses.
 
Hey adjusterjack,

The amount being sued for is $4369.00
The date the lawsuit was filed was 02/02/2017
The date summons served was 03/06/2017
I am not sure what you mean by, "tell us how the plaintiff thinks you got involved in all this".
The plaintiff filed a motion for discovery which I answered every question with , "unable to comply due to defendant having no knowledge of this debt"

Here is a copy/paste of the file motions and dates:

  • 02/02/2017 Initiating Document - Magistrate

  • 02/02/2017 Summons Issued

  • 02/02/2017 Complaint Filed

  • 02/02/2017 Summons


  • 03/06/2017 Affidavit of Service

  • 03/14/2017 Motion and Affidavit for Fee Waiver

  • 03/17/2017 Order Denying Fee Waiver

  • 03/17/2017 Answer

  • 03/28/2017 Notice of Service

  • 03/28/2017 Notice of Service

  • 04/06/2017 Order

  • 04/12/2017 Motion

  • 04/12/2017 Notice

  • 04/17/2017 Order

  • 05/26/2017 Scheduling Conference

    Judicial Officer
    Bieter, Christopher M.

    Hearing Time
    03:00 PM
The motion for telephonic conference was granted by judge on the condition that both parties discuss over the phone before scheduling scheduling conference date on 05/26/2017. I emailed plaintiff's attorney and said I don't have time (which I don't) and he emailed back and said, "well can we still have the telephonic conference or do you want me to have to come there?"
 
laurieed2002 said:
I am not sure what you mean by, "tell us how the plaintiff thinks you got involved in all this"
Click to expand...

That's not what I wrote.

I wrote:

adjusterjack said:
reproduce them (the allegations) all here, one by one, word for word, which will tell us how the plaintiff thinks you got involved in all this.
Click to expand...

In other words, listing the allegations one by one here will allow us to discern how the plaintiff thinks you got involved with this credit card loan.

And, by the way, now that we know it's a credit card debt, you would be wise to accept the phone discussion rather than have the lawyer come to you to compel you to do it in person. Credit card contracts have bilateral attorney fee provisions which means that you could end up paying the creditor's attorney fees if you lose, so try to avoid running up their lawyer's billable hours. He won't mind, but you might end up with a big shock.

To be clear now:

Please list the allegations that appear in the complaint.
 
laurieed2002 said:
Hey adjusterjack,

The amount being sued for is $4369.00
The date the lawsuit was filed was 02/02/2017
The date summons served was 03/06/2017
I am not sure what you mean by, "tell us how the plaintiff thinks you got involved in all this".
The plaintiff filed a motion for discovery which I answered every question with , "unable to comply due to defendant having no knowledge of this debt"


The motion for telephonic conference was granted by judge on the condition that both parties discuss over the phone before scheduling scheduling conference date on 05/26/2017. I emailed plaintiff's attorney and said I don't have time (which I don't) and he emailed back and said, "well can we still have the telephonic conference or do you want me to have to come there?"
Click to expand...

This most likely a scam.

The plaintiff wants to scare money out of you.

Very few lawyers chase $4,500, with the exception of bottom feeding scavenger types.

This is why the plaintiff, who alleges to be a lawyer, wants to do a telephone conference.

Flying to Idaho, hotel, meals, etc.. could eat very deeply into that lousy forty-five hundred bucks.

Notice also, OP, the amount sought is well below the state maximum for small claims cases.

In Idaho, a small claims lawsuit is filed in the Magistrate's Division of the District Court. It provides a quick, informal and inexpensive way of resolving many types of disputes. Small claims cases are filed with the clerk of court in the appropriate county.

The person or business that files a claim to sue another is called the plaintiff. The person or business that's sued is called the defendant. You may talk to an attorney for information, but no attorneys are allowed in small claims hearings.

Danger Will Robinson, danger!!!!

My SCAM sensor just alerted me to SCAMMER TRYING TO STEAL THE MONEY OF AN HONEST CITIZEN!!!![/color]
 


OP, what is the name the SCAMMER is using in the lawscam being perpetrated against you?

What state does the alleged attorney practice law?

What is the address the scammer used in the correspondence with you?

What is the name of the scammer's collection agency?

In Idaho, ALL collection agencies must be licensed.

I am about 85% this is a scam.

Give me the details I requested, and I'll make it 100%!!!
 
Army Judge,
The name of the Debt Buyer is Crown Asset Management, LLC and their counsel is Gordon, Aylworth and Tami, P.C. out of Eugene, OR.

Gordon, Aylworth and Tami, P.C. do have a license to practice in Idaho, though I doubt they stay current on Idaho Statutes.

The address of the Debt Buyer is in Georgia (sorry I don't have it right now, I would have to dig because all the correspondence has been with the attorney).

Crown Asset Management, LLC is licensed in Idaho, their license was due to expire, BUT due to Idaho being a Junk Debt Buyer friendly state; the state of Idaho sends out friendly reminders to renew licenses every March so there is no way for me to catch them on a technicality, i.e. JDB is no longer licensed in Idaho to conduct business, etc. etc.

Hope that information helps Army Judge. I am sure they filed in Magistrate court so that they could, if need be, represent the plaintiff in court. I don't know, just guessing...
 
Hey Adjusterjack,

Yes, I feel this is a scam, but unfortunately as I stated to Army Judge, Idaho is a Junk Debt Buyer friendly state, a lot of the statutes governing debt collectors are geared toward helping the Junk Debt Buyer win in court....
 
laurieed2002 said:
Hey Adjusterjack,

Yes, I feel this is a scam, but unfortunately as I stated to Army Judge, Idaho is a Junk Debt Buyer friendly state, a lot of the statutes governing debt collectors are geared toward helping the Junk Debt Buyer win in court....
Click to expand...

I give up.

I suggest you hire a lawyer. Maybe you'll answer HIS questions.

Sigh.
 
Hey AdjusterJack,

To answer your questions, would you like me to scan in a copy of the complaint; would that answer your questions better? Also, what files are acceptable on here, I tried to upload a .doc file and the forum software told me it was an unacceptable format....
 
laurieed2002 said:
Army Judge,
The name of the Debt Buyer is Crown Asset Management, LLC and their counsel is Gordon, Aylworth and Tami, P.C. out of Eugene, OR.

Gordon, Aylworth and Tami, P.C. do have a license to practice in Idaho, though I doubt they stay current on Idaho Statutes.

The address of the Debt Buyer is in Georgia (sorry I don't have it right now, I would have to dig because all the correspondence has been with the attorney).

Crown Asset Management, LLC is licensed in Idaho, their license was due to expire, BUT due to Idaho being a Junk Debt Buyer friendly state; the state of Idaho sends out friendly reminders to renew licenses every March so there is no way for me to catch them on a technicality, i.e. JDB is no longer licensed in Idaho to conduct business, etc. etc.

Hope that information helps Army Judge. I am sure they filed in Magistrate court so that they could, if need be, represent the plaintiff in court. I don't know, just guessing...
Click to expand...


Lawyers aren't ALLOWED to appear in small claims court in Idaho.

That one sentence reveals this for what it is.

I'll accept your representations, otherwise.

So, just HOW do you believe you should proceed?
 
Substantive defenses to debt collection scavengers/scammers:
...
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http://www.masslegalservices.org/sy...enses_to_Consumer_Debt_Collection_Suits_t.pdf
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Crown Asset Management, LLC is NOT a registered/licensed debt collection agency in Idaho.
Crown Asset Management, LLC is ONLY a registered DEBT BUYER.
...
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Collection Agency License List
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OK, Laurie, I've yammered enough.
I've given you ammunition to fight for yourself.
How will you proceed?
Will you contact your state debt collection agency to report Crown Asset Management, LLC?
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Collection Agency License List
...
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Licensed lawyers in Idaho:
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Idaho Attorney Roster Search - Idaho State Bar
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Call them = Bar Licensing Department at (208) 334-4500
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I would suggest that for starters.
Then I would discuss this with an Idaho licensed attorney to see what legal remedies can be pursued.
You might also have remedies under federal debt collection laws, too.
 

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